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{
    "id": 852442,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/852442/?format=api",
    "text_counter": 115,
    "type": "speech",
    "speaker_name": "Sen. M. Kajwang’",
    "speaker_title": "",
    "speaker": {
        "id": 13162,
        "legal_name": "Moses Otieno Kajwang'",
        "slug": "moses-otieno-kajwang"
    },
    "content": "Afrison Export and Import Limited failed to indemnify the Government of Kenya for the payment of Kshs1.5 billion. This might sound technical or academic, but the deed of indemnity that was executed bore the name of Afrison Export and Import Limited although the payment was ultimately made to Whispering Palms Limited. What then would happen is that Afrison Export and Import Limited would come up later and say that they were never paid and that can open a backdoor for a future compensation. When we talked to Kenya Revenue Authority (KRA), it was established that Afrison Export and Import Limited are not tax compliant. I said in my earlier comments that this 78794 has earned the owners close to Kshs8 billion in various claims. We have the Kenya Ports, General Service Unit, Kenya Urban Roads Authority (KURA) and now Ministry of Education, Science and Technology. In the course of this inquiry, Afrison Export and Import Limited went out of their way to frustrate the Committee. They sought and they were granted a court order to bar the Committee from summoning them. I am glad to report that the courts have decided on this matter. Therefore, it is important for us to study that judgment for it will empower Committees in future with regard with its powers to invite and summon witnesses. Secondly, they sought and obtained a court order barring media houses, particularly Nation Media Group . They were very specific on the journalist. There was one gentleman called Oruko who was barred from reporting parliamentary proceedings of inquiry. As if that was not enough, Afrison Export and Import Limited wrote letters of protest to the Speaker several times saying that the Chairperson and other Members were harassing and extorting them. Today, I stand here proudly because the Powers and Privileges Committee has tested those allegations and has found that they are completely baseless. We recommend that the Chairman of NLC, Prof. Mohamed Swazuri, be investigated and held responsible for violation of the Constitution, the Land Act and the National Land Commission Act. The process of compulsory acquisition is a process that is mentioned and the role of NLC is mentioned in the Constitution and it is further expanded in the Lands Act and the NLC Act. He violated the Constitution and statute. More specifically, he should be investigated and held responsible for the loss of Kshs1.5 billion and for conspiring to defraud a further Kshs1.7 billion of public funds. The Kshs1.5 billion that was paid was part payment. There is a claim for Kshs1.7 billion. When we started the inquiry, we wrote to Treasury and gave them direct instructions not to release further funds until the Committee completed its inquiry. If we adopt our Report today, it will provide clarity on the way forward. The directors of the companies involved; Afrison Export and Import Limited, Whispering Palms, Drive In Developers and Equator Brent should be investigated and held responsible for fraudulently acquiring Kshs1.5 billion of public funds and for conspiring to defraud a further Kshs1.7 billion. The Ethics and Anti-Corruption Commission (EACC) and relevant authorities should trace and recover the Kshs1.5 billion that was fraudulently paid to Whispering Palms and to ensure that the beneficiaries are brought to book and where necessary, assets frozen. We saw in the public domain how this money was treated as soon as it hit the accounts. A sum of Kshs1.5 billion went into bank accounts. Later on, it was The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}